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External economic law

Original Language Title: Außenwirtschaftsgesetz

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Foreign Economic Law (AWG)

Unofficial table of contents

AWG

Date of completion: 06.06.2013

Full quote:

" External Economic Law of 6 June 2013 (BGBl. I p. 1482) "

Footnote

(+ + + Text proof: 1.9.2013 + + +) 

The G was decided by the Bundestag as Article 1 of the G v. 6.6.2013 I 1482. It occurs gem. Article 4 (1) sentence 1 in force on 1 September 2013. § § 4, 5 and 11 shall act in accordance with Art. 4 (2), 14.6.2013 in force. § 3 (3), § 9 sentence 1, § 12, § 19 (4) sentence 2, § 27 (4), § 28 (2) shall occur in accordance with the provisions of Section 28 (2). Art. 27 (4) G v. 25.7.2013 I 2722 in force on 1 August 2013. Unofficial table of contents

Content Summary

Part 1Legal transactions and acts
§ 1 Principle
§ 2 Definitions
§ 3 Branches and premises
§ 4 Restrictions and obligations for the protection of public security and the external interests
§ 5 Subject of restrictions
§ 6 Single intervention
§ 7 Single intervention in maritime transport outside the German territorial sea
§ 8 Granting of authorisations
§ 9 Issue of certificates
Part 2 Supplementary provisions
§ 10 Deutsche Bundesbank
§ 11 Procedural and reporting requirements
§ 12 Adoption of legal regulations
§ 13 Responsibilities for the adoption of administrative acts and for the receipt of notifications
§ 14 Administrative file
§ 15 Legal ineffectiveness
§ 16 Judgment and enforcement
Part 3Criminal penalties, fines and surveillance
§ 17 Criminal provisions
§ 18 Criminal provisions
§ 19 Fines
§ 20 Confiscation and extended decay
Section 21 Duties and powers of the customs authorities
Section 22 Criminal and penal procedures
Section 23 General information requirement
§ 24 Transmission of information by the Federal Office for Economic Affairs and Export Control (BAFA)
Section 25 Automated retrieval procedure
Section 26 Transfer of personal data from criminal proceedings
§ 27 Monitoring of freight, post and travel
§ 28 Cost

Part 1
Legal acts and acts

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§ 1 Principle

(1) The goods, services, capital, payment and other economic transactions with foreign countries, as well as the traffic with foreign assets and gold between nationals (external trade), are basically free. It is subject to the restrictions which this law contains or which are prescribed by law on the basis of this law. (2) remain untouched
1.
provisions in other laws and legal regulations,
2.
interstate agreements which the legislative bodies have agreed to in the form of a federal law, and
3.
Legislation of the institutions of intergovernmental bodies to which the Federal Republic of Germany has conferred sovereign rights.
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§ 2 Definitions

(1) The definitions in paragraphs 2 to 25 shall apply to this Act and the legal regulations adopted pursuant to this Act, unless otherwise specified in this Act or any such ordinance. (2) The exporter shall be any a natural or legal person or a personal company which, at the time of export, is a contracting party to the consignee in a third country; and
1.
on the supply of goods from the territory of the country to a third country, or
2.
in the case of software or technology over its transfer from the territory of the country to a third country, including its provision by electronic means in a third country.
Where, under the export contract, the right of disposal of the goods is granted to a foreigner, the exporter shall be deemed to be the domestic Contracting Party. If no export contract has been concluded or if the contracting party is not acting for itself, the exporter shall be deemed to be the exporter who shall in fact be responsible for the export. (3) Export is
1.
the supply of goods from the country to a third country; and
2.
the transfer of software and technology from the domestic territory to a third country, including its provision by electronic means to natural and legal persons in third countries.
(4) Export consignment includes the goods which an exporter carries out at the same time as the same exit customs office in accordance with the same destination country. (5) Foreigners are all persons and partnerships which are not nationals. (6) Foreign values are:
1.
immovable assets abroad;
2.
Claims in euros against foreigners and
3.
cash, claims and securities denominated in other currencies other than euro.
(7) Country of destination is the country in which the goods are to be used or consumed, processed or processed, or, if this country is not known, the last known country to which the goods are to be delivered. (8) Third countries are the Areas outside the customs territory of the European Union, with the exception of Helgoland. (9) transit is
1.
the carriage of goods from abroad by the territory of the country without the goods being released for free circulation in the territory of the country; and
2.
the carriage of goods of free circulation from another Member State of the European Union through the territory of the country.
(10) The importer shall be any natural or legal person or person holding company, which shall:
1.
Goods from third countries can be supplied or delivered to the country and determined by the delivery of the goods, or
2.
in the case of software or technology relating to its transfer from third countries to the territory of the country, including its provision by electronic means domestically.
If the import is based on a contract with a non-Union foreign person on the acquisition of goods for the purpose of importation, only the domestic contractual partner shall be the importer. (11) Imports shall be:
1.
the supply of goods from third countries to the territory of the country; and
2.
the transfer of software or technology, including its provision by electronic means, for natural and legal persons domestically.
Where goods from third countries are delivered to a free zone or transferred to a non-renewal procedure, imports shall not be imported until the goods have been delivered.
1.
used, consumed, processed or processed in the free zone, or
2.
are released for free circulation.
(12) Purchasing country is the country in which the non-EU resident is established, from which the Union's resident acquires the goods. This country shall also be considered to be a purchasing country if the goods are to be sold to another Union resident. Where there is no legal transaction relating to the acquisition of goods between a Union resident and a non-Union foreign, the country of purchase shall be the country in which the person entitled to disposal is established, who shall place the goods in the customs territory of the European Union. Union. If the person entitled to have the goods entering the customs territory of the European Union is established in the customs territory of the European Union, the country of destination shall be deemed to be the country of purchase. (13) Goods are goods, software and technology. Technology also includes documents relating to the manufacture of goods or parts of these goods. (14) Trade and brokerage business is
1.
the transfer of a contract for the acquisition or transfer of goods,
2.
the evidence of an opportunity to conclude such a contract, or
3.
the conclusion of a contract for the transfer of goods.
No commercial and brokerage business is the exclusive provision of auxiliary services. As auxiliary services, transport, financial services, insurance or reinsurance, or general advertising or sales promotion. (15) are nationals
1.
natural persons residing or having their habitual residence in the country,
2.
legal persons and partnerships with the head office or place of management in the country,
3.
Branches of foreign legal persons or partnerships, if the branches have their domestic management and there is a separate accounting for them; and
4.
Establishments of foreign legal persons or partnerships domestically where the establishments have their administration domestically.
(16) Technical assistance is any technical assistance in connection with the repair, development, manufacture, assembly, testing, maintenance or any other technical service. Technical assistance may take the form of instruction, training, transfer of practical knowledge or skills, or in the form of advisory services. It also includes oral, teleoral and electronic forms of support. (17) Transit trade is any business, goods located abroad or goods delivered to the country, but not yet produced in the country of origin. buy from foreigners and sell them to foreigners. The transit trade is the same as those in which these goods are sold to other countries with the aim of selling to foreigners. (18)
1.
natural persons residing or having a habitual residence in the European Union,
2.
legal persons or partnerships with the head office or place of management in the European Union;
3.
Branches of legal persons whose head office or place of management is situated in a third country, if the branches have their management in the European Union and there is a separate accounting system for them; and
4.
Premises of legal persons from third countries where the establishments have their administration in the European Union.
(19) Non-Union nationals are all persons and partnerships which are not Union residents. (20) Carriers are any natural or legal person or person-based company which determines the movement of goods and at the time of the Shipment
1.
in the case of paragraph 21, point 1, the contract partner of the consignee in the customs territory of the European Union; or
2.
in the case of paragraph 21, point 2, the contract partner of the consignee in the country.
If, in accordance with the movement agreement, the right of disposal of the goods to a foreigner is to be granted, the domestic contracting party shall be deemed to be a supplier. If no movement contract has been concluded or if the contracting party is not acting on its own account, it is decisive who is actually responsible for the shipment. (21)
1.
the supply of goods or the transfer of software or technology from the country to the rest of the customs territory of the European Union, including its provision by electronic means to natural and legal persons in the rest of the territory of the European Union; Customs territory of the European Union and
2.
the supply of goods or the transfer of software or technology from the rest of the customs territory of the European Union to the territory of the country, including its provision by electronic means for natural and legal persons domestically.
(22) Goods are movable property which may be the subject of trade, and electricity. Securities and means of payment are not goods. (23) The value of a good is the remuneration charged to the recipient or, in the absence of a beneficiary or of a fixed remuneration, the statistical value within the meaning of the rules on the Statistics on cross-border trade in goods. If a legal transaction or an act is considered as part of a single economic overall process, the value of the total transaction shall be the subject of the application of the value limits of this law or of a regulation on the basis of this law. (24) Securities shall be based on:
1.
securities within the meaning of Section 1 (1) of the Depository Law,
2.
shares in a securities collection or in a collective debt collection request;
3.
Rights to the supply or allocation of securities within the meaning of points 1 and 2.
Domestic securities are securities issued by an in-country or, before 9 May 1945, a person residing or having its registered office in the territory of the German Reich, according to the status of 31 December 1937. Foreign securities are securities issued by a foreigner to the extent that they are non-domestic securities. (25) The customs territory of the European Union is the customs territory of the European Community pursuant to Article 3 of Regulation (EEC) No Council Decision No 2913/92 of 12 June 1992 October 1992 establishing the Community Customs Code (OJ L 327, 31.12.1992, p. 1), as amended. Unofficial table of contents

§ 3 branch offices and premises

(1) Domitic branches and establishments of foreign and foreign branches and establishments of non-nationals shall be considered as legally independent. A number of national branches and premises of the same member shall be considered to be a domestic branch or establishment. (2) acts carried out by or in respect of branches or premises referred to in paragraph 1 , shall be deemed to be legal transactions in so far as such acts would be legal transactions in relation between natural or legal persons or partnerships. (3) By means of a regulation on the basis of this law or by in accordance with § 6, provision may be made for:
1.
a number of foreign branches and premises of the same national shall be deemed to be a foreigner by way of derogation from the first sentence of paragraph 1;
2.
national branches and premises of the same exporters, by way of derogation from the second sentence of paragraph 1, shall be considered to be nationals of each Member State,
3.
By way of derogation from Article 2 (5) and (15), branches and premises shall not be deemed to be a foreigner or an alien, or
4.
By way of derogation from Article 2 (18) and (19), branches and premises shall not be considered to be a Union resident or a non-Union foreign.
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§ 4 Restrictions and obligations for the protection of public security and the interests of foreign interests

(1) In the field of external trade, legal transactions and acts may be limited or subject to duty by means of a legal regulation in order to:
1.
to ensure the essential security interests of the Federal Republic of Germany,
2.
to prevent a disturbance of the peaceful coexistence of peoples,
3.
to prevent a significant disturbance of the external relations of the Federal Republic of Germany,
4.
to ensure the public order or security of the Federal Republic of Germany within the meaning of Articles 36, 52 (1) and 65 (1) of the Treaty on the Functioning of the European Union, or
5.
To address a threat to the coverage of vital needs at home or in parts of the country and thereby, in accordance with Article 36 of the Treaty on the Functioning of the European Union, to protect the health and life of humans .
(2) In addition, in the field of external trade, legal transactions and acts may be limited by means of a legal regulation or a duty to carry out duties may be arranged to:
1.
To implement decisions of the Council of the European Union on economic sanctions in the field of the common foreign and security policy,
2.
Obligations of the Member States of the European Union to implement economic sanctions measures in the field of the common foreign and security policy in direct legislative acts of the European Union is provided for,
3.
to implement United Nations Security Council resolutions, or
4.
to implement intergovernmental agreements to which the legislative bodies have agreed in the form of a federal law.
(3) As a limitation under paragraphs 1 and 2, the arrangement of approval requirements or prohibitions applies. (4) Restrictions and obligations of action shall be limited in kind and in scope to the extent necessary to do so in the empowerment of the to achieve the stated purpose. They must be designed in such a way as to intervene as little as possible in the freedom of economic activity. Restrictions and obligations may only affect concluded contracts if the purpose stated in the authorization is seriously endangered. They shall be repealed as soon as and to the extent that the reasons justifying their order no longer exist. Unofficial table of contents

Section 5 Subject to restrictions

(1) Restrictions or obligations under Section 4 (1) may, in particular, be arranged for legal transactions or acts relating to
1.
Weapons, ammunition and other armaments and goods for the development, production or use of arms, munitions and armaments, in particular where the restriction serves to be agreed upon in international cooperation to carry out export controls;
2.
Goods intended for carrying out military operations.
(2) Restrictions or obligations under Section 4 (1) (4) may in particular be ordered with respect to the acquisition by non-Union acquirers of domestic undertakings or shares in such undertakings if, as a result of the acquisition, the public policy or security of the Federal Republic of Germany pursuant to Article 4 (1) (4) is at risk. This implies that there is a real and sufficiently serious threat which affects a fundamental interest of society. Non-EU acquirers from the Member States of the European Free Trade Association shall be the same as those who are resident in the Union. (3) Restrictions or obligations under Section 4 (1) (1) may, in particular, be ordered in relation to the Acquisition of domestic companies or of shares in such companies by foreigners, in order to ensure essential security interests of the Federal Republic of Germany if the domestic companies
1.
Manufacture or develop weapons or other armaments, or
2.
Products with IT security functions for the processing of state classified information or for the IT security function have manufactured or manufactured essential components of such products and still have the technology available when the Total product with knowledge of the company has been approved by the German Federal Office for Information Security.
This applies in particular if, as a result of the acquisition, the security policy interests of the Federal Republic of Germany or the military security precaution are at risk. (4) Restrictions or duties of action in accordance with § 4, paragraph 1, point 5 may also be arranged in respect of goods not referred to in paragraph 1. This requires that there is an actual and sufficiently serious risk affecting a fundamental interest of the company. (5) Restrictions or duties of action in accordance with § 4 paragraph 1 may also be arranged in relation to legal transactions or acts of German abroad relating to goods within the meaning of paragraph 1, including their development and manufacture. Unofficial table of contents

§ 6 Individual intervention

(1) In the field of foreign trade, legal transactions or acts may also be limited or subject to action by means of administrative acts in order to avert a risk for the legal goods referred to in Article 4 (1) in individual cases. (2) The Arrangement shall not be valid for six months after its adoption, unless the restriction or obligation to be provided is required by law. (3) § 4 (3) and (4) and § 5 (5) shall apply accordingly. Unofficial table of contents

Section 7 Single action in maritime transport outside the German territorial sea

(1) In order to avert a risk in individual cases for the legal goods referred to in Article 4 (1) which cause the border of the German territorial sea by the carriage of goods on board a sea vessel carrying the flag of the Federal Republic of Germany (2) The measures referred to in paragraph 1 may be taken against the the owner, the equipment supplier, the charterer, the skipper or the other holder of the (3) The owner, the supplier, the charterer, the shipowner or the other owner of the actual force shall, upon request, provide immediate information on:
1.
the nature and extent of the cargo,
2.
the travel route that has been completed since the last run-out and the intended route,
3.
the estimated travel time and
4.
the port of destination.
(4) The owner of a ship operated under a foreign flag in maritime shipping, which is registered in a German register of ships, shall ensure that, on request, a risk to the goods referred to in Article 4 (1) shall be averted. the required information shall be transmitted immediately and on the same level as provided for in paragraph 3 for ships under the Federal flag. (5) § 4 (3) and (4), § 5 (5) and Article 6 (2) shall apply mutatily. Unofficial table of contents

§ 8 Granting of authorisations

(1) If legal transactions or acts according to a provision of this Act or of a legal regulation under this Act may be approved, the authorisation shall be granted if it is to be expected that the taking of the legal business shall be or that the act does not endanger, or only insignificantly, the purpose of the provision. In other cases, the authorisation may be granted if the economic interest in the taking of the legal transaction or the act outweighs the impairment of the purpose specified in the authorization. (2) The granting of authorisation may be subject to factual and personal conditions, in particular to the reliability of the applicant. The same applies to the issuing of certificates issued by the Federal Office for Economic Affairs and Export Control (BAFA), that an export does not require a permit. (3) With regard to the purpose of the provision, the granting of permits is only (4) Union residents who, by means of a restriction referred to in paragraph 3, exercise their rights in the exercise of their duties, of their industrial property may be particularly affected, (5) The applicant has to provide complete and correct information when applying for a permit referred to in the first sentence of paragraph 1 or a certificate referred to in the second sentence of paragraph 2. Unofficial table of contents

§ 9 Grant of certificates

By means of the law on the basis of this law, the granting of allowances may be provided for, in so far as this is for the purposes of certification in accordance with Article 9 of Directive 2009 /43/EC of the European Parliament and of the Council of 6 May 2009 on simplification the conditions for the transfer of defence-related products within the Community (OJ L 327, OJ L 146, 10.6.2009, p. 1). Section 8 (5) shall apply accordingly.

Part 2
Supplementary provisions

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§ 10 Deutsche Bundesbank

Restrictions in accordance with a provision of this Act or in accordance with a legal regulation or an enforceable order issued pursuant to this Act shall not apply to legal transactions and acts which the Deutsche Bundesbank (Deutsche Bundesbank) has in its Business circle, or what you are going to do. Unofficial table of contents

Section 11 Procedure and reporting requirements

(1) By means of a legal regulation, procedural rules may be adopted
1.
for the implementation of this Act and of legal orders under this Act,
2.
on the review of the legality of legal transactions or acts in the field of foreign trade and
3.
to implement
a)
the provisions of the European Treaties, including the protocols thereto,
b)
of the agreements of the European Union and
c)
the acts of the European Union on the basis of the Treaties and Agreements referred to in points (a) and (b).
(2) By means of a legal regulation, it may be arranged that legal transactions and acts in the field of foreign trade, in particular receivables and liabilities arising from them, as well as assets and the performance and delivery of Payments, stating the legal ground, shall be notified in order to:
1.
whether the conditions for the lifting, relief or arrangement of restrictions are met,
2.
at any time the balance of payments of the Federal Republic of Germany may be drawn up,
3.
the exercise of external economic policy interests is guaranteed; or
4.
Obligations arising from intergovernmental agreements or international export control regimes can be fulfilled.
(3) In order to ensure the purposes of paragraph 2 (1) to (4), it may be arranged by means of a regulation that the status and selected positions of the composition of the assets of residents abroad and of foreign nationals are to be reported. Where the assets subject to reporting include direct or indirect participation in a company, it may be arranged that the status and selected items of the composition of the assets of the undertaking must also be reported to the company, (4) Legislative Decree may also require recording and retention obligations to enable the review referred to in paragraph 1 (2) or for the fulfilment of reporting obligations under paragraphs 2 and 3. (5) § § 9, 15 and 16 of the Federal Statistics Act are in the cases of paragraphs 2 and 3 shall apply accordingly. Unofficial table of contents

§ 12 Decree of legal regulations

(1) Legal ordinances under this Act shall be issued by the Federal Government. By way of derogation from the first sentence, the German Federal Ministry of Economics and Technology (Federal Ministry of Economics and Technology), in agreement with the Federal Foreign Office and the Federal Ministry of Finance, shall adopt the legal regulations. (2) The legal regulations do not require the Approval of the Federal Council. (3) In the case of regulations concerning the movement of capital and payments or the traffic with foreign assets and gold, the agreement with the Deutsche Bundesbank shall be established. (4) The legal regulations shall be immediately after to inform the Bundestag and the Bundesrat of their proclamation. The Federal Council will be able to submit its opinion to the Bundestag within four weeks. The legal regulations must be repealed without delay, insofar as it requires the Bundestag within four months of its announcement. (5) Paragraph 4 shall not apply to legal regulations by which the Federal Government or the Federal Ministry for Economic Affairs Economy and technology pursuant to § 4 (2) restrictions on the movement of goods, capital or payments with foreign countries or has been repealed. Unofficial table of contents

Section 13 responsibilities for the adoption of administrative acts and for the receipt of notifications

(1) For the adoption of administrative acts and the receipt of notifications pursuant to this Act and the legal regulations adopted pursuant to this Act and by means of acts of the Council or of the Commission of the European Union in the field of The Federal Office for Economic Affairs and Export Control (BAFA) is responsible for external economic law insofar as nothing else is determined in this Act or pursuant to a decree law issued under this Act. (2) The exclusive jurisdiction of the Federal Office of Foreign Affairs and the Federal Republic of Germany is to
1.
the Deutsche Bundesbank in the area of capital and payment transactions as well as of transport with foreign assets and gold, unless otherwise specified in the following,
2.
the Federal Ministry of Economics and Technology
a)
in the case of Article 6 (1), in agreement with the Federal Foreign Office and the Federal Ministry of Finance; in the case of measures relating to the areas of capital and payments or to the transport of foreign assets and gold, the consultation with the German Bundesbank,
b)
in the case of Section 7, in agreement with the Federal Foreign Office and the Federal Ministry of Transport, Building and Urban Development,
c)
in the case of Article 4 (1) (4) in conjunction with Article 5 (2) and a regulation adopted pursuant to these provisions, a violation or the adoption of orders in respect of an acquisition within the meaning of Article 5 (2) of this Regulation shall be subject to the Approval of the Federal Government,
d)
in the case of Section 4 (1) (1) in conjunction with Section 5 (3) and a regulation adopted pursuant to these provisions in agreement with the Federal Foreign Office and the Federal Ministry of Defence, and in the case of § 4 (1) (1) In conjunction with Section 5 (3) (2) and a regulation adopted pursuant to these provisions, in agreement with the Federal Ministry of the Interior,
3.
the Federal Ministry of Transport, Building and Urban Development for orders in the field of transport services in the field of transport in accordance with Article 4 (1) and (2) in conjunction with a regulation adopted pursuant to this provision,
4.
the Federal Ministry of Finance for orders in the field of the provision of services in the field of insurance in accordance with Article 4 (1) and (2) in conjunction with a regulation adopted pursuant to this provision,
5.
the Federal Agency for Agriculture and Food for orders in the field of the movement of goods and services in accordance with Article 4 (1) and (2) in conjunction with a legal regulation adopted pursuant to this provision in the context of the common European Union market organisations for products of food and agriculture.
(3) In the cases referred to in points (3) and (4) of paragraph 2, the competent Federal Ministry may delegate its responsibility for the purpose of the exercise referred to in that paragraph to a federal authority or a federal institution of its business unit. Unofficial table of contents

Section 14 Administrative Act

(1) Administrative acts in accordance with this Act or in accordance with a decree law adopted pursuant to this Act may be accompanied by secondary provisions. The administrative acts shall not be transferable unless otherwise specified in them. (2) The objection and the action of a challenge shall not have suspensive effect. Unofficial table of contents

Section 15 Legal invalidity

(1) A legal transaction which is carried out without the necessary authorisation shall be ineffective. It shall be effective from the date of its acceptance, if it is subsequently approved or if the approval requirement is subsequently deleted. The retroactive effect shall not affect the rights of third parties which have been established prior to the approval of the subject-matter of the transaction. (2) Consists of the acquisition of a domestic company or of a domestic company or of a domestic company. a direct or indirect participation in a domestic undertaking in accordance with the provisions of Article 4 (1) (4) and (5) (2) in conjunction with a regulation adopted pursuant to these provisions and is the subject of such a review Audit law combined with an empowerment of the Federal Ministry for Economic Affairs and Technology, after obtaining the consent of the Federal Government, to prohibit the acquisition within a specified period, the entry of the legal effects of the legal transaction shall be subject to the end of the entire examination procedure under the resolving condition that the Federal Ministry of Economics and Technology prohibits the acquisition within the period. (3) A legal transaction involving the execution of the acquisition of a domestic company or a direct or indirect participation in a domestic company The company shall be suspended in a floating manner if, on the basis of Article 4 (1) (1) (1) and Section 5 (3) in connection with a legal regulation issued pursuant to these provisions, there is a reporting obligation which is connected with an authorisation of the Federal Government to prohibit the acquisition within a specified period of time. The legal transaction shall be effective from the date of its acceptance, if the Federal Ministry of Economics and Technology releases it in writing or does not prohibit the acquisition within the period specified in sentence 1. The third sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

Section 16 Judgment and enforcement

(1) If an authorisation is required for the debtor's performance, a judgment may be given before the authorisation is granted only if a reservation is included in the judgment in the judgment that the performance or the foreclosure of the order is not carried out until may be granted if the permit is granted. The same applies to other enforcement titles, if enforcement can only be carried out on the basis of a enforceable copy of the title. Arrests and injunctions, which serve merely to secure the underlying claim, can be made without reservation. (2) If an authorization is required for the debtor's performance, enforcement shall only be permitted, if and to the extent that the permit is granted. To the extent that assets may be acquired or sold only with authorization, this shall also apply to the acquisition and disposal by means of foreclosure.

Part 3
Rules on penalties, fines and surveillance

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Section 17 Criminal Code

(1) With a term of imprisonment of one year to ten years shall be punished, who shall be subject to a legal regulation in accordance with § 4 paragraph 1, which shall be punishable by
1.
one of the United Nations Security Council under Chapter VII of the Charter of the United Nations, or
2.
One of the Council of the European Union in the field of the common foreign and security policy
, or of a fully-enforceable order under such a decree, to the extent that the Regulation relates to the goods of Part I, Section A of the Export List, and to the extent to which the provisions of Part I of Part I of the Regulation are applicable to the (2) With a custodial sentence not less than one year, it shall be punished who in the cases referred to in paragraph 1 shall be punished.
1.
is for the secret service of a foreign power, or
2.
commercially or as a member of a gang that has committed itself to the continuing commission of such acts.
(3) A custodial sentence of not less than two years shall be punishable by a person who, in the cases referred to in paragraph 1, acts as a member of a gang who has committed himself to continuing to commit such acts. (4) In the minor cases referred to in paragraph 1, he shall be punished. (5) If the offender is reckless in the cases referred to in paragraph 1, the penalty shall be a custodial sentence of up to three years or a fine. (6) In the cases referred to in paragraph 1, an action shall be taken to: , without authorisation, an action on the basis of a threat, bribery or collusion was carried out (7) The provisions of paragraphs 1 to 6 shall apply irrespective of the right of the crime of crime, even for acts committed abroad if the perpetrator is German. Unofficial table of contents

Section 18 Criminal Code

(1) With imprisonment of three months to five years shall be punished who
1.
a
a)
Export, import, transit, transfer, sale, purchase, supply, supply, transfer, service or investment ban, or
b)
Ban on the availability of frozen funds and economic resources
a directly applicable act of the European Communities or of the European Union published in the Official Journal of the European Communities or of the European Union, which acts in the light of the implementation of a act adopted by the Council of the European Union in the field of the common foreign and security policy, or
2.
against an authorisation requirement for
a)
the export, import, transit, transfer, sale, purchase, supply, supply, transfer, service or investment, or
b)
the availability of frozen funds or economic resources
of a directly applicable act of the European Communities or of the European Union published in the Official Journal of the European Communities or of the European Union, which acts as a result of the implementation of a act adopted by the Council of the European Communities Union in the field of the common foreign and security policy is to be used for economic sanctions.
(2) With a custodial sentence of up to five years or a fine, he shall be punished who violates the external economic regulation by:
1.
shall carry out the goods referred to in Article 8 (1), (9) (1) or (78) without the authorisation,
2.
is carrying out the goods referred to in the second sentence of Article 9 (2),
3.
in the case of goods referred to in the first sentence of Article 11 (1),
4.
without authorization pursuant to § 46 (1), including in conjunction with Section 47 (1), or without authorization pursuant to section 47 (2), a commercial and brokerage business,
5.
, contrary to Article 47 (3), third sentence, a commercial and brokerage business,
6.
shall provide technical assistance without authorisation pursuant to articles 49 (1), 50 (1), 51 (1) or (2) or 52 (1), or
7.
contrary to § 49 (2) sentence 3, § 50 (2) sentence 3, § 51 (3) sentence 3 or § 52 (2) sentence 3, technical assistance.
(3) Likewise, it shall be punished who is against Council Regulation (EC) No 2368/2002 of 20 December 2002 on the implementation of the Kimberley Process Certification Scheme for the International Trade in Rough Diamonds (OJ L 327, 30.12.2002, p. 28), as last amended by Regulation (EC) No 1268/2008 (OJ L 378, 31.12.2002, p. 39) has been amended, in that it is in breach of the
1.
in breach of Article 3 of rough diamonds, or
2.
contrary to Article 11, rough diamonds.
(4) Likewise, it shall be punished who is opposed to Council Regulation (EC) No 1236/2005 of 27 June 2005 on trade in certain goods for the purpose of capital punishment, torture or other cruel, inhuman or degrading treatment. treatment or punishment (OJ L 136, 30.4.2004, p. 1, L 79, 16.3.2006, p. 32), as last amended by Regulation (EU) No 1352/2011 (OJ L 200, 30.7.2006, p. OJ L 338, 21.12.2011, p. 31), by:
1.
carry out the goods referred to in the first sentence of Article 3 (1),
2.
against the provisions of Article 3 (1), second sentence, of technical assistance relating to the goods referred to therein,
3.
the goods referred to in the first sentence of Article 4 (1) shall be imported,
4.
accept technical assistance in connection with goods referred to in Article 4 (1), second sentence,
5.
shall carry out the goods referred to in Article 5 without authorisation.
In so far as the provisions referred to in the first sentence refer to Annex II or Annex III to Regulation (EC) No 1236/2005, these Annexes shall apply in the respectively applicable version. (5) It shall also be punished who is against Regulation (EC) No 428/2009 of the Council of 5 May 2009 laying down a Community regime for the control of exports, transfer, broking and transit of dual-use items (OJ L 327, 30.4.2009, p. 1, L 224, 27.8.2009, p. 21), by:
1.
shall, without the authorisation referred to in Article 3 (1) or Article 4 (1), (2), first sentence, or (3), carry out dual-use items,
2.
the second half-sentence of Article 4 (4) shall be carried out without a decision by the competent authority concerning the authorisation requirement or without the authorisation of the competent authority,
3.
, without the authorisation referred to in the first sentence of Article 5 (1), provides an intermediary activity; or
4.
, contrary to Article 5 (1), second sentence, second half-sentence, mediation shall be carried out without a decision by the competent authority concerning the authorisation requirement or without the authorisation of the competent authority.
In so far as the provisions referred to in the first sentence refer to Annex I to Regulation (EC) No 428/2009, this Annex shall apply in the version in force. In the cases referred to in point 2 of the first sentence, the exporter shall be the same person who shall enter the export by another person if the person is aware that the dual-use items are intended to be used in whole or in part for use in the sense of the Article 4 (1) of Regulation (EC) No 428/2009 is determined. (6) The experiment shall be punishable. (7) With imprisonment not under one year shall be punished who shall:
1.
in the cases referred to in paragraph 1, for the secret service of a foreign power,
2.
in the cases referred to in paragraphs 1 to 4 or 5 of paragraph 5, or as a member of a gang, which has committed itself to the continuing commission of such acts, or
3.
the act referred to in paragraph 1, relating to the development, production, maintenance or storage of missiles for chemical, biological or nuclear weapons.
(8) With a custodial sentence of not less than two years, he shall be punished who, in the cases referred to in paragraphs 1 to 4 or in paragraph 5, acts as a member of a gang who has committed himself to continuing the commission of such acts. (9) In the cases of Paragraph 1 (2), (2) (1), (3), (4) or (6), the first sentence of paragraph 4 (5) or the first sentence of paragraph 5 (1), shall act without authorisation and act on the basis of a threat, bribery or collusion, or by: (10) paragraphs 1 to 9 shall apply, regardless of the right of the crime of crime, even for acts committed abroad, if the perpetrator is German. (11) According to paragraph 1, also in connection with paragraphs 6, 7, 8 or paragraph 10, shall not be punished who
1.
until the end of the second working day following the publication of the act in the Official Journal of the European Union, and
2.
has no knowledge of a prohibition or of an authorisation requirement placed in the act referred to in point 1 at the time of the act.
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Section 19 Penal rules

(1) The offence is unlawful, who is negligent in committing an act referred to in § 18 (1) to (4) or (5). (2) This is contrary to the law of order, who, contrary to § 8, paragraph 5, also in connection with § 9 sentence 2, an indication is not correct or not complete. does not or may not be used in full or in full. (3) Contrary to the law, who intentionally or negligently
1.
a legal regulation in accordance with
a)
§ 4, paragraph 1, or
b)
Section 11 (1) to (3) or (4), or
an enforceable order is contrary to such a decree, provided that the regulation refers to that fine law for a certain amount of facts and does not act in accordance with § 17 (1) to (4) or (5) or (5) or § 18 (1) (a) 2 is punishable by punishment,
2.
an enforceable arrangement in accordance with § 7 (1), (3) or (4) or (4) or (4) (4) sentence 2,
3.
Contrary to the first sentence of Article 27 (1), goods are not, not correct, not complete or not presented in good time,
4.
Contrary to Article 27 (3), a declaration is not issued, not correct, not complete or not in good time, or
5.
Contrary to § 27 (4) sentence 1, a consignment is not provided, not correct, not complete or not in good time.
(4) An administrative offence is the subject of an intentional or negligent conduct of a directly applicable provision in legal acts of the European Communities or of the European Union concerning the restriction of trade in external trade, the content of which is subject to the is equivalent to a scheme to which the
1.
(3) (1) (a) or
2.
Paragraph 3 (1) (b)
, in so far as a legal regulation referred to in the second sentence of the second sentence refers to that fine for a particular event and the act is not punishable by penalty in Articles 18 (1), 3 to 5, 7 or 8. The Federal Ministry of Economics and Technology is hereby authorized, in so far as this is necessary for the implementation of the acts of the European Communities or the European Union, by means of a regulation without the consent of the Federal Council. Acts which may be punishable as an offence under the first sentence of 1. (5) are unlawful, who intentionally or negligently publishes a publication published in the Official Journal of the European Communities or the European Union. directly applicable act of the European Communities or of the European Communities The European Union, which is responsible for the implementation of an economic sanctions measure adopted by the Council of the European Union in the field of the common foreign and security policy, shall be contrary to the
1.
does not provide information, not correct, not complete or not in good time,
2.
no prior notification, not correct, not complete, not provided in the prescribed manner or not in time,
3.
a record of transactions shall not be kept or not available for the prescribed period, or shall be made available in time, or
4.
a competent body or authority is not informed or not informed in good time.
(6) In the cases referred to in paragraphs 1, 3 (1) (a) and 4 (4), first sentence, the administrative offence may be punishable by a fine of up to five hundred thousand euros, in the other cases with a fine of up to thirty thousand euros. Unofficial table of contents

§ 20 confiscation and extended decay

(1) If a criminal offence has been committed pursuant to § 17 or § 18 or an administrative offence pursuant to § 19, the following items may be recovered:
1.
articles to which the offence or the offence of regularity relates; and
2.
Items which have been or have been used for the purpose of their observation or preparation.
(2) § 74a of the Criminal Code and § 23 of the Code of Administrative Offences shall apply. (3) In the cases of Section 17 (2) (2) or (3), also in conjunction with paragraph 7, and Section 18 (7) (2) or (8), respectively, also in conjunction with paragraph 10, § 73d of the Penal Code shall apply. Unofficial table of contents

Section 21 Tasks and powers of the customs authorities

(1) The Public Prosecutor's Office may, in the case of criminal offences and administrative offences, in accordance with § § 17 to 19 of this Act or in accordance with § 19 (1) to (3), § 20 (1) and (2), § 20a (1) to (3), also in connection with § 21, or in accordance with § 22a (1) (1) (1) (1)) 4, 5 and 7 of the Law on the Control of War Weapons Investigations pursuant to Section 161 (1) sentence 1 of the Code of Criminal Procedure can also be carried out by the main offices or the Customs Enforcement Offices. The managing authority within the meaning of the first sentence of Article 22 (3) may, in the cases of the first sentence, also have an investigation carried out by another main customs office or the customs authorities. (2) The main offices and customs offices and their officials have also, without a request from the public prosecutor's office or the administrative authority, investigated and prosecuting the offences and irregularities of the species referred to in paragraph 1, where they export, import, transfer or transit goods . The same shall apply to the extent to which the risk is in default. § 163 of the Code of Criminal Procedure and Section 53 of the Code of Administrative Offences shall remain unaffected. (3) In the cases referred to in paragraphs 1 and 2, the officers of the main offices and the customs authorities shall have the rights and obligations of the police officers in accordance with the Provisions of the Code of Criminal Procedure and of the Law on Administrative Offences. (4) In the cases referred to in paragraphs 1 and 2, the main customs offices and customs authorities, as well as their officials, may seize seizures, searches and investigations in the proceedings of the fine, and take other measures in accordance with the provisions of the Code of Criminal Procedure applicable to investigative personnel of the Public Prosecutor's Office. Under the conditions laid down in § 111l (2) sentence 2 of the Code of Criminal Procedure, the main offices may also order the emergency disposal. Unofficial table of contents

Section 22 Criminal and penal procedures

(1) In the case of criminal offences in accordance with § § 17 and 18 the local court is competent in the district court, the district court in whose district the local district court has its registered office. The State Government may, by means of a decree law, regulate the local jurisdiction of the local court, in so far as this is appropriate in view of the economic or transport situation, the structure of the administration or other local needs. appears. The State Government may transfer this authorisation to the Land Justice Administration. (2) In criminal proceedings, § § 49, 63 (2) and (3) sentence 1 as well as § 76 (1) and (4) of the Law on Administrative Offences on the involvement of the Administrative authority in the proceedings of the public prosecutor's office and in court proceedings. (3) Administrative authority within the meaning of this Act and Section 36 (1) (1) of the Law on Administrative Offences is the main customs office. By means of a regulation which does not require the consent of the Federal Council, the Federal Ministry of Finance may, by way of derogation, regulate the local competence of the main customs office as managing authority in accordance with the first sentence, insofar as this is done with regard to the (4) The prosecution as an administrative offence does not apply in the cases of negligent conduct of a violation within the meaning of § 19 (§ 19) (a) 2 to 5, if the infringement is detected by means of self-control and the competent authority the Commission, and appropriate measures to prevent an infringement from being struck for the same reason. An indication in accordance with the first sentence shall be deemed to be voluntary if the competent authority has not yet begun an investigation in respect of the infringement. In addition, Section 47 of the Act on Administrative Offences remains unaffected. Unofficial table of contents

§ 23 General information obligation

(1) The main customs office, the Deutsche Bundesbank, the Federal Office for Economic Affairs and Export Control (BAFA) and the Federal Agency for Agriculture and Food may demand information necessary to ensure compliance with this law and the to monitor, in the field of external economic law, legal orders and orders adopted pursuant to this Act, as well as of acts of the Council or of the Commission of the European Union. For this purpose, they may require that the business documents be submitted to them. (2) The main customs office and the Deutsche Bundesbank may also carry out audits of the parties responsible for providing information for the purpose referred to in paragraph 1; the The Federal Office for Economic Affairs and Export Control (BAFA) and the Federal Institute for Agriculture and Food are able to send representatives to the examinations. In order to carry out the examinations, the staff of these bodies and their agents shall be allowed to enter the premises of the parties responsible for providing information. The fundamental right of Article 13 of the Basic Law is restricted to this extent. (3) The staff of the Federal Office for Economic Affairs and Export Control (BAFA) may enter the premises of the parties responsible for providing information in order to meet the conditions for the To verify the granting of authorisations pursuant to § 8 (2) or for the granting of certificates in accordance with § 9. The fundamental right of Article 13 of the Basic Law is restricted to this extent. (4) If the documents referred to in paragraph 1 have been drawn up using a data processing system, the administrative authority and the Deutsche Bundesbank may be used within the framework of a Inspect the stored data and use the data processing system to check these documents. Within the framework of an examination, they may also require that the data be evaluated automatically in accordance with their specifications or that the stored documents be made available to them on a machine-usable data carrier. To this end, it is necessary to ensure that the stored data are available for the duration of the statutory retention periods and that they can be made legible immediately and can be evaluated automatically without delay. The parties responsible for providing information shall assist the managing authority and the Deutsche Bundesbank in the exercise of the powers under sentences 1 and 2 and bear the costs. (5) The person responsible for providing information shall be responsible for providing information directly or indirectly on the (6) The respondent may refuse to provide information on such matters, the answer to which he or she himself or one of the members of the danger referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure would be subject to prosecution for a criminal offence or a breach of order. Unofficial table of contents

§ 24 Transmission of information by the Federal Office for Economic Affairs and Export Control (BAFA)

(1) The Federal Office for Economic Affairs and Export Control (BAFA) may provide the information, including personal data, which may be used in the performance of its duties
1.
in accordance with this law,
2.
in accordance with the law on the control of weapons of war, or
3.
European Union legislative acts in the field of external economic law
, to the extent that this is necessary for the purpose of pursuing the purposes of § 4 (1) and (2) or for customs clearance. (2) By way of derogation, information on the failure of authorisations may be provided to the Federal Government. of paragraph 1 only insofar as this is necessary to pursue the purposes of Article 4 (1) and (2). (3) The recipients may not provide the information provided pursuant to paragraphs 1 and 2, including personal data, only for the purposes of Use the purposes for which they have been transmitted or to the extent that they are subject to the prosecution of criminal offences or in accordance with this law or under the law on the control of weapons of war, or in accordance with the law or regulation. Unofficial table of contents

§ 25 Automated retrieval procedure

(1) The Customs Crime Office shall be entitled to retrieve information, including personal data, which may be transmitted in accordance with Section 24 (1) and (2) in an individual case in an automated procedure, insofar as this is for the purposes of § 24 (1) (1) (1) (2) The Customs Crime Office and the Federal Office for Economic Affairs and Export Control (BAFA) shall be responsible for the establishment of the retrieval procedure. Purpose of the retrieval procedure as well as the nature of the data to be transmitted and the data referred to in § 9 (3) The establishment of the retrieval procedure requires the approval of the Federal Ministry of Finance and the Federal Ministry of Economic Affairs and the Federal Ministry of Economics and Technology. Technology. The Federal Commissioner for Data Protection and the Freedom of Information shall be informed of the establishment of the retrieval procedure in the notification of the stipulations referred to in paragraph 2. (4) The responsibility for the admissibility of the individual retrieval shall be borne by the Customs criminal office. The Federal Office for Economic Affairs and Export Control (BAFA) shall examine the admissibility of the call-off in the case of automated procedures. (5) The Federal Office for Economic Affairs and Export Control (BAFA) shall examine the admissibility of the calls. only if there is reason to do so. It is necessary to ensure that the transfer of personal data can at least be determined and verified by appropriate sampling procedures. Unofficial table of contents

Section 26 Transfer of personal data from criminal proceedings

(1) In criminal proceedings for violation of this law or against a legal regulation under this law or against the law on the control of weapons of war, courts and prosecutors shall be allowed to have supreme federal authorities (2) The data obtained pursuant to paragraph 1 may only be used for the purposes specified therein. (3) The recipient may not use the data referred to in paragraph 1 of this Article. public authority only if:
1.
the interest in the use of the data transmitted significantly outweighs the interest of the person concerned in secrecy; and
2.
the investigation purpose of the criminal proceedings cannot be jeopardised.
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Section 27 Monitoring of freight, post and travel

(1) Goods which are exported, introduced, imported or carried out shall be presented on request. They may be subject to inspection and examination. (2) Means of transport, luggage and other containers may be examined to determine whether they contain goods whose export, import, shipment or transit is limited. (3) Any person travelling from or entering the country of the country shall, on request, declare whether he or she carries goods, their export, import, transit or transfer under this Act or in accordance with a legal regulation adopted pursuant to this Act is limited. (4) If you want to carry out goods, the consignment has the competent authority Customs offices must be made to export goods. The details will be determined by a legal regulation pursuant to § 11. In order to facilitate the use of postal, freight and travel services, exceptions may be permitted by means of a legal regulation to the extent that this does not jeopardise the intended purpose of the monitoring. (5) The customs authorities shall monitor compliance with
1.
of the provisions of this Act,
2.
the legal provisions adopted pursuant to this Act, and
3.
of the acts of the European Union in the field of external trade
on the export, import, transfer and transit. The Federal Ministry of the Interior shall designate the authorities of the Federal Police, which are responsible for monitoring the export of weapons and explosives; sentence 1 shall remain unaffected. Unofficial table of contents

§ 28 Costs

(1) The customs authorities may, in the implementation of the provisions of this Act or of the laws on the export, transfer, import or transit of goods and the acts of the European Union adopted in accordance with this Act, in the field of External trade costs (fees and expenses)
1.
the check-in outside the official's office or outside the opening hours,
2.
the issuing and verification of certificates or
3.
the investigation of goods.
(2) In the cases referred to in paragraph 1, the costs and the procedures for the collection of costs shall be governed by the provisions relating to costs levied on the basis of Section 178 of the Rules of the Tax Code.